GENERAL TERMS AND CONDITIONS OF CONTRACT

1.- Object

1.1 ETNIA BARCELONA, S.L., as the organisation responsible for the website, places the present document at the disposal of its users. It does so in compliance with the requirements of Spanish Law 34/2002, concerning Information Society Services and e-Commerce (LSSI-CE), and, at the same time, to inform website users as to the terms and conditions applicable to the use of the site.

1.2 Any person who accesses the website, uses its services, or leaves their data thereon will, by doing so, be considered as a user and, as such, undertakes to observe and strictly comply with the provisions contained herein, as well as with any other legal requirements that may be applicable hereto.

1.3 The object of the present agreement is to regulate the rendering of services offered through the website, specifically, the sale of sunglasses and frames.

1.4 Please find below the contractual document that governs the rendering of our services and the sale of products through the website: www.etniabarcelona.com, owned by ETNIA EYEWEAR CULTURE S.L. (hereinafter, Service Provider). Acceptance of the present document implies that the user:

Has read, understands and comprehends the contents hereof.
Is a person with sufficient legal capacity to enter into contractual agreements.
Assumes and accepts all the obligations specified herein.

1.5 The present terms and conditions shall be valid for an indefinite period of time and shall be applicable to all agreements entered into through the website of Service Provider, until such time as a new version of the present terms and conditions is published.

2.- Identity of the parties

2.1. Of the one part, Service Provider as defined hereinabove and, of the other, the user registered on the website and responsible for the veracity of all the personal data with which he/she has furnished Service Provider.

3.- Contractual procedure

3.1 The process of entering into agreement may be conducted in Catalan, Spanish, English, French, Italian or German. If said process is to be conducted in any other than the aforementioned languages, such must be stated prior to initiating the contract procedure.

3.2 To access the services offered by Service Provider, the user must register on the website, either as a user or to place a specific one-time order. To do so, of his/her own free will user must furnish all the personal data required.

3.3 During the process of establishing an agreement, user will be informed of the different steps to be taken and may, if necessary, modify data previously entered. The steps to be taken in the purchase procedure are as follows:

1.- Choice of product and quantity.

2.- Shopping cart. Key in any applicable discount codes.

3.- State whether the purchaser has previously registered on the website or not.

4.- Key in personal data, delivery and billing addresses. Acceptance of Legal Notice/Privacy Policy.

5.- Choice of means of payment.

6.- Confirmation of order/purchase. Acceptance of general terms and conditions.

7.- Payment.

8.- Purchase confirmation email sent to client.

3.4 At all events, once the contract process is completed, user will be informed to such effect via Service Provider’s contract platform and by the sending of the aforementioned email of confirmation of purchase.

3.5 Service Provider shall not archive the electronic document and it is recommended that user saves/prints the message of confirmation and the email that will be sent to him/her within a period of 24 hours.

4.- Means of payment

4.1 Payment for the order may be made by the following means:

Credit card
PayPal
Apple Pay
Google Pay
Claro

5.- Prices

5.1 All the prices shown for the services offered on the website are inclusive of Value Added Tax (VAT).

5.2 The prices applicable to the different services shall be those shown on the website or those provided as special offers and promotions on the website or banners, Service Provider’s marketing communications, etc…

5.3 The invoice shall be delivered along with the order placed.

5.4 If services other than those mentioned above were to be agreed upon, the cost thereof may likewise vary.

6.- Delivery time

6.1 In general, throughout the EU, delivery time will be 2-3 working days, while for the rest of the world it will be 4-6 working days.

7.- Right of withdrawal for purchases made on the website

7.1. User has the right to withdraw from the present agreement within thirty (30) calendar days, with no need for any justification whatsoever. User may exercise said right simply by informing us thereof by any of the means of contact provided at https://www.etniabarcelona.com/es/ca/help/customer-service or at ecommerce@etnia.es

7.2. Said right of withdrawal shall not be applicable to any products made to purchaser’s specifications, or clearly personalised (for example, prescription glasses). Nor shall it be applicable to the of supply of goods that clearly cannot be returned for questions of hygiene or other health considerations.

7.3. The period of withdrawal shall expire at thirty (30) calendar days from the date on which you, or a third party appointed by you (other than the delivery company) take material possession of the goods.

7.4. To exercise your right to withdraw from our agreement, you must notify us of your desire so to do by way of an email, the withdrawal form, or by making an unequivocal statement of such desire and sending it to ecommerce@etnia.es, or by any other of our customer service channels. At all events, we shall email you to acknowledge receipt of your application and inform you of the next steps to be taken.

7.5. At the end of the present Terms and Conditions, you will find a withdrawal form which you may use. Notwithstanding, application to withdraw may also be made by any of the other aforementioned means.

7.6. To comply with the period of withdrawal, it is sufficient for you to duly inform us of your wish to exercise your right prior to the expiry of the abovementioned period.

Consequences of withdrawal:

7.7. If you do choose to withdraw, we will return all the payments received from you, including any delivery charges (except for any additional charges there may be if you have chosen a delivery option other than the cheapest standard delivery option offered) with no undue delay and at all events, at latest, within a maximum of thirty (30) calendar days from the date on which you inform us of your intention to withdraw from the present agreement.

7.8. Said return of payment shall be made by the same means of payment used by you in the initial transaction, unless you expressly state otherwise. At all events, said reimbursement shall not involve your incurring any extra cost.

7.9. After receiving your application, we shall instruct the carrier to proceed with collecting the goods.

7.10. You shall only be held liable for any reduction in value of the goods caused by the handling thereof other than that strictly necessary to establish the nature, features and functioning of the goods.

7.11. Service Provider may withhold reimbursement until such time as it has received the goods and verified that none of the exceptions to the right of withdrawal are applicable, and that the goods have suffered no damage.

8.- Shipment

8.1 Shipment shall be made free of charge, without generating any additional cost.

9.- Obligations on the user

9.1 User shall be held fully responsible for the confidentiality and due custody of his/her passwords and shall avoid allowing access to them by unauthorised third parties.

9.2 To be able to contract the services offered on the present web portal, user shall be required to furnish certain data. Said information is required to enable the establishment of the contract and to provide the services required in the appropriate way. To such ends, user undertakes to furnish truthful, complete and precise information and likewise undertakes to inform Service Provider of any changes there may be thereto as early as possible, in order to avoid any problems that may derive from Service Provider using erroneous or old data.

10.- Warranty.

10.1 All products sold over the website come with Service Provider’s 36 month warranty.

11.- Reporting of issues or problems.

In the case of any issue or problem related to our service, be it prior to or after purchase, please contact us at ecommerce@etnia.es

12.- Data protection

12.1.- In compliance with that provided in EU Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Spanish Organic Law 3/2018 of December 5, on the protection of Personal Data and the guaranteeing of Digital Rights, the data furnished and generated during the purchase procedure shall be processed by Etnia Eyewear Culture, S.L. with a view to managing all matters related to the purchase made through our website and to sending communications relating to Etnia Barcelona. If you wish for more detailed information on the processing of your personal data, or to request the exercise of your right to access, rectify, delete, oppose or obtain the portability of your data, or of any other that may correspond to you, please refer to the Privacy Policy of our website or send a specific request, together with a copy of your identity document, to C/ Enric Morera PA-4, 42-44, 08950 Barcelona or to etnia@etniabarcelona.com (stating the reference GDPR. Please write “Ejercicio de derechos” in the Subject field).

13.- Safeguard Clause.

13.1.- Any possible invalidity or ineffectiveness of one or more of the clauses of the present general terms and conditions, for whatever reason, shall not invalidate or make ineffective the whole, and the remaining clauses shall remain in force and effective.

14.- Legislation and jurisdiction

14.1.- In the case of any dispute or conflict arising from the interpretation of the terms of the present Conditions of Use, or from any other question related to the services of the website, the Laws of Spain shall be applicable.

15.- Conflict Resolution.

15.1.- With respect to any dispute that may arise as a result of the use of the Portal or the services thereof, the parties do hereby expressly agree to submitting to the jurisdiction of the judges and courts of the domicile of the user or of that which, if applicable, is established by the standards for procedural matters and/or consumer and user affairs.

15.2.- In line with Art. 14.1 of Regulation EU 524/2013, the European Commission provides an online platform for the resolution of consumer disputes, available at:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Consumers may submit any claims they have to this online dispute resolution platform.

WITHDRAWAL FORM

If you wish to withdraw from the present agreement, please fill out and send in the following form.

You may post or email the form to:

To the attention of: ETNIA EYEWEAR CULTURE, SL

Enric Morera núm. 42-44, 2ª planta, local A. 08950 Esplugues de Llobregat.

etnia@etniabarcelona.com

Customer help line:+34934735085

I hereby wish to inform you of my desire to withdraw from my purchase agreement for: 1

Order placed on (date):

Received on (date):

Name of purchaser: